Court name
High Court of Uganda
Case number
Criminal Session Case-2002/72
Judgment date
20 March 2003

Uganda v Kiberu John (Criminal Session Case-2002/72) [2003] UGHC 66 (20 March 2003);

Cite this case
[2003] UGHC 66

 

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

CRIMINAL SESSION CASE NO: HCT-OO-CR-SC-SC-0072-2002

UGANDA::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::PROSECUTOR

VERSUS

 KIBERU JOHN::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::ACCUSED

BEFORE THE HONOURABLE MR.JUSTICE MOSES MUKIIBI

 
 
JUDGEMENT


The accused, KIBERU JOHN, was indictment for murder contrary to section 183 of the Penal Code Act. The particulars of offence alleged that on the 5th day of May 2001 at Kikonda village in the Luwero District, Kiberu John murdered one Nabbowa Violet. On arrangement the accused denied the indictment where upon the prosecution called nine witnesses to prove its case. The accused made an unsworn statement but called no witness in his defence.

The prosecution case is as follows:-

The deceased, violet Nabbowa, was a sister of the accused’s mother, and a maternal aunt of the accused. The accused’s mother had died and violet Nabbowa, the deceased brought up the accused. The accused and the deceased developed misunderstandings and the deceased alleged that the accused attempted to rape her. The deceased chased the accused from her home. Lubwama permitted the accused to occupy a house, which was opposite that of the deceased.
In the night of 5th May, 2001 at around 1.00 am the deceased went to check on her anthill to see whether white ants would come out. Senoga Dan (PW9), Kalumba Ephraim (PW6) and the accused had slept in the same house in the night of 5/5/20001. Late in the night the accused woke up and told his colleagues that he was going for white ants. He came back after some time and told them that the white ants had not come out.

On 6/5/2001 the accused woke up very early at about 7.00am. He said that he was going to work. After a short time he came back crying. He informed people that his “mother”/aunt had been killed. The body was lying on a path. The accused moved uphill while informing people about his aunt’s death. He headed for the main road where he boarded a taxi for Kampala. The accused was intercepted by police from Bamunanika police post who pulled him out of a taxi at Bamunanika Trading Center. The accused was arrested, taken to Bamunanika police post and detained. CPL. SUSU PETER (PW8) visited the scene at Sekamuli village where he saw the body of the deceased. Later CPL. SUSU PETER (PW8) took DR. MUBEEZI DAVID (PW1) from Nakaseke Hospital to the scene. The doctor examined the deceased’s body. He prepared and signed a postmortem report on police form 48C dated 6/5/2001 in respect of Nabowa Violet, which was admitted in evidence as Exhibit P.1.

 CPL. SUSU PETER (PW8) drew a sketch plan of the scene, which was admitted in evidence as Exhibit P.2. He forwarded the accused to the District CID Officer, Luwero Police Station to handle the case. The accused was charged, taken to court and remanded in prison.

The accused, in his Unsworn Statement, denied committing the offence.

He stated as follows:-

He had no grudge with Nabbowa, the deceased. It was the deceased who brought him up. He real mother died first. He was left with the deceased to look after him. His farther died later on. His farther had told him to remain in the hands of the deceased. He (the accused) was residing at Kikonda village in a house belonging to Nsibambi. He had started staying in that house in May, 2000. It was Nalumansi (PW2) who had suggested that he leaves the deceased’s home and goes to